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Dedication To Professor Valentine Korah, Roger J. Goebel

Fordham International Law Journal

This is a tribute (dedication) to Professor Korah for being a a leading academic in European Community competition law, together with the related fields of U.K. competition law and comparative/international antitrust.

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Professor Valentine Korah: A Biographical Note, Joseph C. Sweeney

Fordham International Law Journal

This is a biographical tribute to Professor Korah. All scholars researching in the area of European Union competition law have benefited greatly by her clear analyses of complex business problems.

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Article 82: Remedies In Search Of Theories?, Ian S. Forrester

Fordham International Law Journal

I submit that over the last two or three years, we may observe troubling signs that Article 82 of the EC Treaty is being used more as an adjunct to industrial policy than as a pure competition law tool. This is especially evident in refusal to deal cases. The intervention of antitrust in a situation of refusal to deal is a critical pointer of how an antitrust enforcer perceives itself and of what kind of competition law is in force. At a time when ten new agencies have joined the family, it is especially desirable to approach controversies in a …

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The Treaty Establishing A Constitution For Europe, Jeremy Lever

Fordham International Law Journal

This Article contains some reflections concerning the Draft Treaty establishing a Constitution for Europe (“the Draft Treaty”), which was approved by the European Council on September 28, 2004 and formally signed in Rome on October 29, 2004. At the time of writing in early 2005, it is presently in the process of ratification by the twenty-five Member States of the European Union (“EU”). The Article is primarily concerned with the extent to which the Treaty is a constitution, and its merits and demerits as such. It does not go in any depth into the political desirability of some of the …

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The Logic & Limits Of The "Exceptional Circumstances Test" In Magill And Ims Health, Christian Ahlborn, David S. Evans, A. Jorge Padilla

Fordham International Law Journal

In this Article, we show that, in contrast to the Commission's balancing approach in Microsoft, the ECJ's narrow construction of the obligation to license IP under Article 82 of the EC Treaty is based on sound economics and constitutes appropriate public policy. The set of “exceptional circumstances” listed in Magill and IMS Health constitutes a reasonable implementation of the optimal legal standard for the assessment of refusals to licence IP: modified per se legality. In the IP context, an obligation to make property available is a requirement for compulsory licensing. The ECJ test limits compulsory licensing to those situations in …

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Article 82: The Last Frontier – Fighting Fire With Fire?, James S. Venit

Fordham International Law Journal

Since the entry into force of the European Union (“EU”) merger regulation in September 1990, there has been progress toward the acceptance of the need for rigorous economic analysis as the basis for the application of Community competition law. Although the path toward sound economic analysis has been uneven and recognition of the principle has sometimes exceeded its correct application, the increased willingness to acknowledge economic analysis as the basis for rational enforcement action should not be underestimated. The most noticeable and obvious success has been in the field of merger control. But even a statute as venerable as Article …

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The Impact Of Consumer Protection On Banking Legislation In The European Community And The Effect Of The Recent Consumer Protection Proposals, Thomas F. Taylor

Fordham International Law Journal

In this article, I will examine the means by which European Community institutions have used consumer protection, and their impact. I will also examine the new proposals concerning consumer protection, and their impact. Finally, I will look at what the likely outcome of these proposals may be, if implemented.

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The Impact Of Monetary Union And The Euro On European Capital Markets: What May Be Achieved In Capital Market Integration, Rosa Giovanna Barresi

Fordham International Law Journal

Up to now, the Euro has been successful in replacing the traditional European currencies and in altering the landscape of European Capital Markets. Domestic users of the Euro are almost the same in number as the population of the United STates, although the Gross Domestic Products of the two economies are clearly not comparable. Still, if the Member States within the Euro-area truly want to be recognized as an integrated capital market, some work must be done. This Article will estimate, from current economic thought, what remains to be done and what can be achieved in the short term. Some …

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Introduction & Dedication, Gil Loescher

Fordham International Law Journal

This issue is dedicated to Arthur, and the Articles that appear within reflect his broad interests and concerns regarding human rights, refugees, and international law. During his last year at the Council on Foreign Relations, Arthur turned his attention to the Palestinian refugee issue and wrote an Essay on practical solutions to the Palestinian refugee question. That Essay appears within these pages. Arthur reviews the past experience with durable solutions--repatriation, resettlement, and local integration--for other protracted refugee situations as well as lessons from past compensation arrangements and their applicability to the Palestinian situation. He concludes by arguing that Palestinian refugees …

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End Of Exile: Practical Solutions To The Palestinian Refugee Question, Arthur C. Helton

Fordham International Law Journal

The objective of this Essay is to add new information and analytical insights to the debate, namely, research about how refugee and compensation solutions have been implemented in other situations. Practical implementation options are examined from a variety of comparative experiences. Examining these options could help soften the political absolutism that characterizes the current impasse on the refugee issue. But there is value in any event in understanding the international system context, and mapping realistic scenarios for such matters as an institutional framework to implement a settlement, the criteria and procedures for relocating refugees, and techniques and methods to award …

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Refugees, Internally Displaced Persons, And International Humanitarian Law, Francois Bugnion

Fordham International Law Journal

The fact that war is the primary cause of people being uprooted prompts us to ask what protection the law of armed conflict affords refugees and displaced persons. How does humanitarian law protect groups of civilians from being forced to flee? What protection does it offer those who have nevertheless been uprooted, and how does that protection interrelate with refugee law? How can the Red Cross and Red Crescent organizations, in particular the International Committee of the Red Cross (“ICRC”), come to the aid of refugees and displaced persons? These are the questions this Article aims to answer. First, however, …

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The Judiciary, The State, And The Refugee: The Evolution Of Judicial Protection In Asylum – A U.K. Perspective, Geoffrey Care

Fordham International Law Journal

I will look at how the United Kingdom has attempted to handle its own obligations under the Refugee Convention of 1951 - and the European Convention on Human Rights - under the pressures of the increased numbers of those arriving in the country and claiming protection. I propose to survey the development of the system over the years, and in what seems to be a crisis management manner, the role played by the judiciary, and the overall effect on the refugee and how he or she establishes the claim. I will draw attention to some of the cases, particularly in …

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Palestinian Refugees In Gaza, Susan Martin, John G. Warner, Patricia Fagen

Fordham International Law Journal

Events since Arthur Helton's death - including the change in leadership of the Palestinian Authority and the Israeli proposal for disengagement from Gaza make it even timelier to examine some "practical solutions." For improving Palestinian lives in the short term, much can be learned from the approaches taken in other refugee situations. This Article begins with background information on Palestinian refugees in Gaza. It then discusses Israeli plans for disengagement from Gaza. In the following section, the Article reviews options for addressing the problems faced by Palestinian refugees in Gaza, utilizing the broader literature devoted to the integration of refugees …

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Return Seen From A European Perspective: An Impossible Dream, An Improbable Reality, Or An Obstruction To Refugee Policy?, Joanne Van Selm

Fordham International Law Journal

The central theme of this Essay is that both individuals in need of protection and governments obliged to grant protection to those in need generally hold the eventual return of citizens to their countries of origin to be the ideal scenario. However, this ideal cannot always come to fruition -- not only due to circumstances in the country of origin, but also as an unintended consequence of policy decisions taken by governments concerning the protection of refugees (or indeed internally displaced persons ("IDPs")) and the reactions of individuals to the outcomes of those policy decisions. Return, it will be suggested, …

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The Dichotomy Between Judicial Economy And Equality Of Arms Within International And Internationalized Criminal Trials: A Defense Perspective, Geert-Jan Alexander Knoops

Fordham International Law Journal

This Article considers the trend to effectuate judicial economy within international criminal trials juxtaposed with the principle of equality of arms from the standpoint of the defense. It focuses on this juxtaposition as exemplified in contemporary case law of the ICTY. In addressing this issue, the analysis in this Article will build on the assumption that the interrelationship between these two notions must be interpreted in light of two cardinal parameters: first, the protection of the interests of the defense, and second, the principle of independence and non-political use of the notion of judicial economy.

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Reason Without Borders: How Transnational Values Cannot Be Contained, Shane B. Kelbley

Fordham International Law Journal

Part I of this Note will review the influence of international law in early U.S. history as well as the current practice of the U.S. Supreme Court in citing international law, and will briefly explain how principles of international law are imported into U.S. courtrooms. Part II will examine competing legal theories on the proper role for international law in U.S. constitutional interpretation. Part III will argue that although it is proper for U.S. courts to reference international sources in their decisions, the U.S. Supreme Court's current articulation of how courts should do so is deeply flawed. Part III will …

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Strikes Through The Prism Of Duties: Is There A Fundamental Duty To Strike Under The Indian Constitution?, Shubhankar Dam

Research Collection Yong Pung How School Of Law

Much of the debates on the legality of strikes under the Indian Constitution has been on the issue of a right to strike. This paper argues that the constitutionality of strikes may be analysed through the prism of duties, i.e. fundamental duties under Part IVA of the Constitution. Strikes were an integral part of the ideals that inspired India's national struggle against imperialism. And, in this sense, when article 51A exhorts Indians to cherish and follow the noble ideals that inspired our freedom struggle, it includes a fundamental duty to strike. Invoking the philosophy of Mahatma Gandhi, the paper argues …

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Micro Spies, Georae W. Zobrist

Computer Science Faculty Research & Creative Works

No abstract provided.

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Constitutional Dialogue And Human Dignity: States And Transnational Constitutional Discourse, Vicki C. Jackson

Georgetown Law Faculty Publications and Other Works

The U.S. Supreme Court has been slower than some other national courts to become familiar with and discuss, distinguish, or borrow from related constitutional approaches of other nations and systems. The growth in transnational judicial discourse, especially on constitutional issues relating to human rights, has been remarked by many. National courts in Argentina, Botswana, Canada, Germany, India, South Africa, and elsewhere not infrequently refer to the constitutional jurisprudence of other nations in resolving domestic constitutional questions. Although such references are not unheard of in the United States, transnational discourse involving national courts, supranational and international tribunals is still subject to …

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International Law Status Of Wto Dispute Settlement Reports: Obligation To Comply Or Option To "Buy Out"?, John H. Jackson

Georgetown Law Faculty Publications and Other Works

In four further parts of this comment, I undertake to fulfill my "obligation" to present a more thorough analysis. In part II, I briefly introduce some of the different elements that would go into normal treaty interpretation related to the issue in question, such as which text should be part of the analysis and whether "preparatory work" or intent of the parties, including statements by some nation-state governmental officials made contemporaneously with the drafting of the treaty, should be considered. Likewise, I mention the importance of the forty seven years of GATT practice to the interpretive process, and I note …

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Screening Level Study Of Pharmaceuticals In Septic Tanks, Ground Water, And Surface Water In Missoula, Montana, Emily Godfrey

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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The Pcb Level Esd Immunity Study By Using 3 Dimension Esd Scan System, Kai Wang, David Pommerenke, Jian Min Zhang, Ramachandran Chundru

Electrical and Computer Engineering Faculty Research & Creative Works

The use of high-speed logic makes modern electronic systems highly susceptible to electrostatic discharge (ESD). Because of their wider bandwidth, faster digital devices are more susceptible to high frequency ESD transient fields. In the analysis of ESD problems, an exact knowledge of the affected PINs and nets is essential for an optimal solution. A three dimensional ESD scanning system, which has been developed to record the ESD susceptibility map for a printed circuit board, is presented, and the mechanisms that the ESD event couples into the digital devices is studied.

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Relationship Between Self-Reported Weight Management And Perceived Norms Of Weight Management In Scholastic Wrestlers, Sara J. Camaerei

PCOM Psychology Dissertations

Wrestling is unique in that it is the only sport that requires opponents to be matched by weight. Because two athletes at an almost equal weight compete against each other, wrestlers participate at the lowest weight class possible, which frequently leads wrestlers to engage in unhealthy and dangerous weight loss practices. Social norms theory suggests that much of an individual's behavior is influenced by perceptions of how members of a social group think and act. If these perceptions are inaccurate, and over-estimates of the unhealthy behaviors of others occur, an individual is likely to engage in such behaviors himself. One …

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Feasibility Study Of A Cognitive Behavioral Smoking Cessation Intervention For Adolescent Males In Residential Treatment, Flora Casallas

PCOM Psychology Dissertations

The current study examined the effectiveness of a modified, empirically-based smoking cessation intervention, originally designed for teenagers in public school settings, but applied to actively smoking adolescents in residential treatment. The cognitive-behavioral intervention, developed by the American Lung Association (ALA, 2001) and researchers at West Virginia University, called Not-On-Tobacco (N-O-T), provides a total-health approach to helping teenagers quit smoking or to reducing the number of cigarettes smoked. The 10-session intervention was delivered over five consecutive weeks to eight adolescent males ranging in age 13 to 16 and in grades 8 to 10, living in a residential treatment community (RTC) located …

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Logic Synthesis For Regular Fabric Realized In Quantum Dot Cellular Automata, Marek Perkowski, Alan Mishchenko

Electrical and Computer Engineering Faculty Publications and Presentations

Quantum Dot Cellular Automata are one of the most prospective nano-technologies to build digital circuits. Because of the requirements of only 2 layer wiring and noise avoidance, realizing the circuit in a regular fabrics is even more important for this technology than for classical technologies. In this paper, we propose a regular layout geometry called 3x3 lattice. The main difference of this geometry compared to the known 2x2 lattices is that it allows the cofactors on a level to propagate to three rather than two nodes on the lower level. This gives additional freedom to synthesize compact functional representations. We …

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Response To State Action And A New Birth Of Freedom, Robin West

Georgetown Law Faculty Publications and Other Works

I have just a few comments. The first comment is a contribution to the ''analytic" question posed by Professor Black's work and made explicit by Professors Peller and Tushnet's paper. To make the case for the constitutional status of welfare rights, I do not think it is sufficient-although it may well be necessary-to show that the "state action" problem is merely a pseudo-problem, whatever the reason for finding it not to be a problem. I do not agree with one of the claims put forward by Peller and Tushnet,' that Black's perceptive analysis of the state action problem in his …

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World Of Objects| The Poetics Of Charles Simic, Siobhan Scarry

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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The Politics Of (Mis)Recognition: Islamic Law Pedagogy In American Academia, Lama Abu-Odeh

Georgetown Law Faculty Publications and Other Works

The combination of presence (of Islamic law) and absence (of legal transplant) in the course materials assigned by Islamic law instructors, the scholarship on law in the Islamic world by Islamic law scholars as well as by Comparatists, betrays an ideological project. I would describe it as an identitarian one with an underlying teleological notion of history. By identitarian I mean the positing of a common identity shared by all "Muslims" based on their religio/legal beliefs, a project that to my mind recalls what I called earlier the "fantasy effect." "[F]antasy is the means by which real relations of identity …

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Pari Passu And A Distressed Sovereign's Rational Choices, William W. Bratton

Georgetown Law Faculty Publications and Other Works

Part I describes the disruptive role the pari passu clause plays in sovereign debt compositions, stating the case favoring the narrow reading. Part II reconsiders the economic incentives in play at the time lenders close loans to sovereigns, stating a case for the broad reading. Part III works the competing readings through the legal framework of bond contract interpretation. The exercise shows that the matter comes down to a choice between an ex ante reading, conducted as of the time the contract is executed and delivered, and an ex post reading, conducted as of the later time of distress. The …

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Copy This Essay: How Fair Use Doctrine Harms Free Speech And How Copying Serves It, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works

Defenders of transformative uses have invoked the First Amendment to bolster claims that such uses should not be subject to the copyright owner’s permission. But this focus on transformation is critically incomplete, leaving unchallenged much of copyright’s scope, despite the large number of nontransformative copying activities that are also instances of free speech. The current debate leaves the way open for expansions of copyright that, while not targeted at dissenting viewpoints, nonetheless may have a profoundly negative effect on freedom of speech. In other words, transformation has limited our thinking about the free speech interests implicated by copying. This essay …

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Full-Text Articles in Entire DC Network

Dedication To Professor Valentine Korah, Roger J. Goebel

Fordham International Law Journal

Professor Valentine Korah: A Biographical Note, Joseph C. Sweeney

Fordham International Law Journal

Article 82: Remedies In Search Of Theories?, Ian S. Forrester

Fordham International Law Journal

The Treaty Establishing A Constitution For Europe, Jeremy Lever

Fordham International Law Journal

The Logic & Limits Of The "Exceptional Circumstances Test" In Magill And Ims Health, Christian Ahlborn, David S. Evans, A. Jorge Padilla

Fordham International Law Journal

Article 82: The Last Frontier – Fighting Fire With Fire?, James S. Venit

Fordham International Law Journal

The Impact Of Consumer Protection On Banking Legislation In The European Community And The Effect Of The Recent Consumer Protection Proposals, Thomas F. Taylor

Fordham International Law Journal

The Impact Of Monetary Union And The Euro On European Capital Markets: What May Be Achieved In Capital Market Integration, Rosa Giovanna Barresi

Fordham International Law Journal

Introduction & Dedication, Gil Loescher

Fordham International Law Journal

End Of Exile: Practical Solutions To The Palestinian Refugee Question, Arthur C. Helton

Fordham International Law Journal

Refugees, Internally Displaced Persons, And International Humanitarian Law, Francois Bugnion

Fordham International Law Journal

The Judiciary, The State, And The Refugee: The Evolution Of Judicial Protection In Asylum – A U.K. Perspective, Geoffrey Care

Fordham International Law Journal

Palestinian Refugees In Gaza, Susan Martin, John G. Warner, Patricia Fagen

Fordham International Law Journal

Return Seen From A European Perspective: An Impossible Dream, An Improbable Reality, Or An Obstruction To Refugee Policy?, Joanne Van Selm

Fordham International Law Journal

The Dichotomy Between Judicial Economy And Equality Of Arms Within International And Internationalized Criminal Trials: A Defense Perspective, Geert-Jan Alexander Knoops

Fordham International Law Journal

Reason Without Borders: How Transnational Values Cannot Be Contained, Shane B. Kelbley

Fordham International Law Journal

Strikes Through The Prism Of Duties: Is There A Fundamental Duty To Strike Under The Indian Constitution?, Shubhankar Dam

Research Collection Yong Pung How School Of Law

Micro Spies, Georae W. Zobrist

Computer Science Faculty Research & Creative Works

Constitutional Dialogue And Human Dignity: States And Transnational Constitutional Discourse, Vicki C. Jackson

Georgetown Law Faculty Publications and Other Works

International Law Status Of Wto Dispute Settlement Reports: Obligation To Comply Or Option To "Buy Out"?, John H. Jackson

Georgetown Law Faculty Publications and Other Works

Screening Level Study Of Pharmaceuticals In Septic Tanks, Ground Water, And Surface Water In Missoula, Montana, Emily Godfrey

Graduate Student Theses, Dissertations, & Professional Papers

The Pcb Level Esd Immunity Study By Using 3 Dimension Esd Scan System, Kai Wang, David Pommerenke, Jian Min Zhang, Ramachandran Chundru

Electrical and Computer Engineering Faculty Research & Creative Works

Relationship Between Self-Reported Weight Management And Perceived Norms Of Weight Management In Scholastic Wrestlers, Sara J. Camaerei

PCOM Psychology Dissertations

Feasibility Study Of A Cognitive Behavioral Smoking Cessation Intervention For Adolescent Males In Residential Treatment, Flora Casallas

PCOM Psychology Dissertations

Logic Synthesis For Regular Fabric Realized In Quantum Dot Cellular Automata, Marek Perkowski, Alan Mishchenko

Electrical and Computer Engineering Faculty Publications and Presentations

Response To State Action And A New Birth Of Freedom, Robin West

Georgetown Law Faculty Publications and Other Works

World Of Objects| The Poetics Of Charles Simic, Siobhan Scarry

Graduate Student Theses, Dissertations, & Professional Papers

The Politics Of (Mis)Recognition: Islamic Law Pedagogy In American Academia, Lama Abu-Odeh

Georgetown Law Faculty Publications and Other Works

Pari Passu And A Distressed Sovereign's Rational Choices, William W. Bratton

Georgetown Law Faculty Publications and Other Works

Copy This Essay: How Fair Use Doctrine Harms Free Speech And How Copying Serves It, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works